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Terms and Conditions

Terms and Conditions

These Terms and Conditions apply to all transactions on this website. By placing an order on this website, you are agreeing to the following Terms and Conditions:

  1. Order Acceptance Policy

All orders received are subject to acceptance by foli8 LTD, trading as foli8  and reserves its right to reject any order for any reason whatsoever, without providing a justification. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

In the event of order rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.

You must be at least 18 years of age to order goods through this website and you must accept delivery within the UK.

  1. Our Products

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

We always try to make sure that the information given on our website is as up to date as possible, but we cannot guarantee that this will always be the case.

  1. Plant Availability and Substitution

All products are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason, we will offer alternative goods.  If the alternative goods are not suitable, we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.

  1. Cancellation Policy

Orders can usually be cancelled by 12.00 (noon) on the day prior to the intended delivery date and a full refund will be issued.  In the case your order has already been processed we will not be able to offer cancellation. You can cancel by contacting our customer services team on 0333 700 8888 At peak periods we may begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may be unable to cancel orders during these periods.

  1. Payment Methods

We accept all major credit and debit cards including Visa and MasterCard as well as PayPal. On the order you must provide us with your exact billing address – the address your credit/debit card bank has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorisation of your credit/debit card has been properly received.

  1. Prices

The total price payable for the goods and delivery will be as shown at the time when you place your order. We are entitled to make adjustments to the price if, due to an error or omission, the price published for the goods is wrong. If we need to make an adjustment to the price confirmed at the time you placed your order we will inform you of the correct price and give you the opportunity to cancel the order.  The delivery charge will be calculated at checkout and the total price displayed will include delivery charges unless otherwise stated. All prices include VAT unless otherwise stated.

We will endeavour to deliver goods within the dates stated during the order process and if this is not possible, we will contact you to agree an alternative date. We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods.

Although we will always endeavour to ensure punctual delivery for our customers, we cannot be held liable for a late delivery due to any circumstances impacting the availability of the postal service that we use or anything else outside of our control.

We reserve the right, at our absolute discretion, to use a different delivery method without prior notification.

Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact and rearrange delivery for the next day, due to the perishable nature of the goods, we cannot be held responsible for damaged goods. We reserve the right to charge for re-delivery to that or an alternative address.

In the event of a non-delivery (plants not having arrived 3 days after their intended delivery date), please contact foli8’s customer services team on hello@foli8.co.uk It is the customer’s responsibility to contact us within 7 days of the scheduled delivery date in order to claim a refund. Any failure to do so will result in the lapse of any rights to a refund.

  1. Quality and Freshness

Due to plants being a perishable item their lifespan is largely dependent on the environmental conditions of storage and their maintenance; therefore we offer a 24 hour guarantee from the confirmed delivery time for any plants and a 12 month guarantee for any non-plant items. This guarantee specifically excludes faults caused by accident, neglect, and misuse.

Please note that if you wish to apply for a replacement or refund you will need to email us a photo of the plants within 24 hours of receipt in order to be eligible for a refund. Please use hello@foli8.co.uk to get in touch with the customer service team. If, at our sole discretion, the plants do not meet our high standards, we will give you the choice of a free replacement at our next available delivery date, or a refund.

  1. Damage

Whilst we take great care to ensure that our plants arrive in the condition that they left us, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Should this occur to a level that you deem unacceptable, please contact us so that we can arrange a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the damaged plants in question within [24 hours] of receipt of the plants in order to be eligible for a refund.

  1. Returns

Due to the perishable nature of plants, we are unable to accept returns. We offer customers refunds or replacement plants if the plants are not delivered to an acceptable quality, as detailed above.

If you have received the wrong item, we need to be informed within the first 24 hours of delivery along with pictures.  We may arrange collection of the item and a refund or replacement product will be offered.

If you change your mind and would like to return any non-perishable item, as long as it is undamaged and in the original condition, it can be returned for a fixed fee within 7 days at the customer’s cost.

  1. Force Majeure

foli8 shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from a cause beyond it reasonable control, including but not limited to: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond foli8’s reasonable control.

  1. Liability

Our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall in no circumstances exceed the price paid to us for the order in question.

We exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the website or the products.

Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including but not limited to liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

  1. Data Protection

To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.

Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy policy [PRIVACY POLICY].

  1. Intellectual Property

All other rights, including copyright, in this website are owned by foli8 LTD. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of foli8 LTD. You may not modify, distribute or repost something on this website for any purpose.

  1. General

We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the foli8 website and service from time to time. We will post any changes on the foli8 website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the service or site. Changes will be effective from the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.

We do not guarantee that our website, mobile applications or services will be uninterrupted or error-free and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict or terminate access to the website, mobile applications and/or the services at any time for repair, maintenance, improvement or other technical reason.

  1. Severance

If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

  1. Third Party Rights

A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.

  1. Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.

  1. Company Details

Company: foli8 LTD

Trading Names: foli8

Registered Office: Mill Pond Nurseries, Mill Road, Henham, CM22 6AA

Telephone: 0333 700 8888

Email: hello@foli8.co.uk

 

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